1 Dr. YLR, J Crl.P.No.9509 of 2025 Dated 26.09.2025 APHC010484162025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY,THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 9509/2025 Between: MOHAMMED UMAR MUNNAWAR HUSAIN SHAIKH, S/O MUNNAVER HUSSAIN AGE 37 YEARS, R/O ESTELLA, B 401 PALAVA PHASE 2 SECTOR 6 KHONI SUB DISTRICT KALYAN, THANE DISTRICT, MAHARASTRA ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, through Station House officer, Visakhapatnam Railway Police Station, Visakhapatnam Rep. by Public Prosecutor, High Court at Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: RAMINENI SUDHEER Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 2 Dr. YLR, J Crl.P.No.9509 of 2025 Dated 26.09.2025 The Court made the following: Order: The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioner/Accused No.1 on bail in Crime No.259 of 2025 of Government Railway Police Station, Visakhapatnam, registered against the Petitioner/Accused No.1 herein for the offences punishable under Section 8(c) read with 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). CASE OF THE PROSECUTION: 2. Material averments stemming from the prosecution are that on 24.07.2025 at 10.45 hrs, on receipt of credible information regarding illegal possession and transportation of Ganja, the Sub-Inspector of Police along with staff reached the Platform No.1 northern side, they found 3 individual suspicious holding each one bag. On seeing the Police, they tried to flee away the Police caught and questioned they confessed that they are caring liquid ganja. The Police apprehended them and seized 10 Kgs sin bag No.1 and 10 Kgs in bag No.2, 5 Kgs in Bag No.3 of ganja and registered the above case. CONTENTIONS OF THE COUNSEL FOR THE PETITIONER: 3 Dr. YLR, J Crl.P.No.9509 of 2025 Dated 26.09.2025 3. Sri Ramineni Sudheer, learned Counsel for the Petitioner submits that the Petitioner is innocent and he has been falsely implicated in the alleged offence, without any cogent evidence linking him to the commission of the crime. It is contended that the Petitioner is the sole breadwinner of his family and his arrest would cause undue hardship and prejudice to his dependents. The Petitioner undertakes to abide by any condition that this Court may impose while granting bail to the Petitioner. 4. It is further submitted that the Petitioner has a permanent place of residence and there is no likelihood of his absconding or evading the process of law. The Petitioner has cooperated with the investigation thus far and assures continued cooperation in future proceedings. It is also urged that the allegations are of a nature that do not warrant further custodial detention, and if any condition is imposed while granting the bail, Petitioner would not violate it; and it is urged to allow the Petition. ARGUMENTS OF THE STATE: 5. Per contra, Ms.P.Akhila Naidu, learned Assistant Public Prosecutor strenuously opposed the grant of bail and prosecution further apprehend that the Petitioner, if released, may influence or intimidate witnesses, thereby obstructing the course of justice. It is also urged that there exists a real and imminent risk of the Petitioner absconding and evading the due process of law. Given the gravity of the allegations and the potential threat to the 4 Dr. YLR, J Crl.P.No.9509 of 2025 Dated 26.09.2025 progress of the investigation, it is submitted that the Petitioner does not deserve the discretionary relief of bailand it is urged to dismiss the bail petition. 6. Thoughtful consideration is bestowed on the arguments advanced by the learned Counsel for both sides. I have perused the entire record. POINT FOR CONSIDERATION: 7. In the light of the case of the prosecution and the contentions of the learned Counsel for both the sides, now the point for consideration is: “Whether the Petitioner is entitled for grant of bail?” ANALYSIS: 8. As seen from the record, the allegation against the Petitioner/Accused No.1 is that he was found separately in possession of 10.5 Kgs of ganja, which was recovered. The Petitioner has been in judicial custody for the past 61 days. The Petitioner was arrested on 24.07.2025. So far, five witnesses have been examined; all are official witnesses. Material portion of investigation in so far as Petitioner is concerned is completed. Chances of the Petitioner, threatening the witnesses, hampering the investigation and tampering the evidence may not arise. The Petitioner is permanent resident of Khoni Sub District Kalyan, Thane District, Maharastra. The Petitioner has got fixed abode. Period of custodial interrogation is completed. 5 Dr. YLR, J Crl.P.No.9509 of 2025 Dated 26.09.2025 9. Considering the period of detention undergone by the Petitioner/Accused No.1 and the nature and gravity of allegations levelled against the Petitioner, and his alleged role played in the case, this Court is inclined to enlarge the Petitioner on bail with the following stringent conditions: i. The Petitioner/Accused No.1 shall be enlarged on bail subject to his executing a bond for a sum of Rs.20,000/- (Rupees twenty thousand only), with two sureties each for the like sum each to the satisfaction of the learned VI Additional Judicial Magistrate of First Class for Railway-cum- VI Additional Civil Judge, Visakhapatnam. ii. The Petitioner/Accused No.1 shall appear before the learned the Trial Court on each and every adjournment without fail. iii. The Petitioner/Accused No.1 shall not commit or indulge in commission of any offence in future. iv. The Petitioner/Accused No.1 shall surrender his passport, if any, to the investigating officer. If he claim that he does not have passport, he shall submit an affidavit to that effect to the investigating officer; and v. The Petitioner/Accused No.1 shall not, directly or indirectly, make any inducement, threat or promise to any person 6 Dr. YLR, J Crl.P.No.9509 of 2025 Dated 26.09.2025 acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any police officer. 10. Accordingly, the Criminal Petition is allowed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 26.09.2025 RSI 7 Dr. YLR, J Crl.P.No.9509 of 2025 Dated 26.09.2025 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 9509 OF 2025 26.09.2025 RSI